Indian Woman Awarded Death Sentence In Yemen: Appeal In Delhi High Court Seeks Diplomatic Intervention By Indian Govt

An appeal has been filed in the Delhi High Court seeking diplomatic intervention by Indian Government in relation to the case of an Indian woman, Nimisha Priya, who has been awarded death sentence by a Yemen Court for killing a local.

The plea seeks directions to the Centre to facilitate negotiations with the victim's family and save Priya from capital punishment by paying blood money in accordance with the Yemen law.

On March 7, 2022, an appellate court in Yemen dismissed the appeal filed by Nimisha Priya, who was sentenced to death for the murder of Talal Abdo Mahdi in the year 2017. Nimisha allegedly injected him with sedatives to retrieve her passport that was in his possession. Nimisha had allegedly abuse and torture by Mahdi.

The appeal filed through Advocate Subhash Chandran K.R. impugns an order passed by the Single Judge which had disposed of an earlier plea moved seeking similar prayer, requesting the Ministry of External Affairs to explore and pursue the remedy of a further appeal against the order of conviction.

The Single Judge had noted that Centre could not be commanded to be party to any intervention or negotiations which the family of the convicted Indian National proposes to initiate.

The appeal therefore seeks modification of the single judge order to the extent of directing Centre to facilitate diplomatic interventions as well as negotiations with the family of victim on

behalf of Nimisha Priya to save her life by paying blood money. It also seeks directions regarding arrangements for receiving the money collected in India and transfer the same to the account of family of victim in Yemen through the official or diplomatic channel if family of victim is ready to pardon her by receiving the blood money.

"It is most respectfully submitted that gaining pardon by paying blood money is a part of „Sharia School‟. Most of the Islamic Countries are following „Sharia Law‟ and „blood money (Diyah)‟ is an integral part of said legal systems. Diyah in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage. It is an alternative punishment to qisas (equal retaliation). It only applies when victim's family want to compromise with the guilty party; otherwise qisas applies," the appeal states.

It adds that strong and timely interventions of Indian authorities to facilitate the negotiations are highly warranted considering the current socio-political situations in Yemen.

The appeal has been moved by 'Save Nimisha Priya International Action Council' through its Chairman, an organisation formed by a group of Non-Resident Keralites, working at different countries and also in different parts of India. The petitioner organization sought to ensure access to justice to Nimisha Priya and also to raise funds through donations for paying blood money if the family of victim agreed to pardon her.

Case Title: SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL THROUGH ITS CHAIRMAN v. UNION OF INDIA & ANR.